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the notice, make reasonable representations to CASA explaining why
the person believes that he or she has not committed the act mentioned
in the notice.
(4) If:
(a) CASA notifies a person under subregulation (1); and
(b) the period of 14 days after the day on which the person received
the notice has ended; and
(c) after taking into account any representations, CASA is satisfied
that the person has committed the act mentioned in the notice;
CASA must notify the person of its decision.
[Note Regulation 297A provides that a decision by CASA that it is satisfied as
mentioned in subregulation 298A (4) is reviewable by the Administrative Appeals
Tribunal.]
(5) If CASA notifies a person under subregulation (4), the person:
(a) is taken not to have passed the examination; and
(b) is not permitted to attempt any prescribed examination for a
period of one year from the day of the first-mentioned
examination.
(6) For the purposes of subregulation (1), a person attempts a written
examination if the person:
(a) attends the place where the examination is held at any time
during the examination; and
(b) receives the examination paper, or any part of it, from the person
conducting the examination.
(7) For the purposes of subregulation (1), a person attempts a practical
examination if the person:
(a) attends the place where the examination is held; and
(b) begins carrying out an activity required by the examination.
(8) In this regulation:
aircraft endorsement has the same meaning as in regulation 5.01;
authorisation means an airworthiness authority or an aircraft welding
authority;
certificate means:
(a) a certificate under Division 3 of Part 4; or
(b) a certificate under Part 8;
endorsement means:
(a) an endorsement under Division 3 of Part 4; or
(b) an aircraft endorsement; or
(c) an endorsement under Part 65 of CASR.
examination paper means all of the documents provided by the person
conducting a written examination to persons attempting the
examination;
Replacement Page Amdt No. 8
December 2004
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Legal Services Group Amended CAR – 2nd Ed
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licence means:
(a) a licence under Division 3 of Part 4; or
(b) a flight crew licence; or
(c) a licence under Part 65 of CASR.
model answer, in relation to an examination, means a document which
sets out the correct, or suggested, answers to the questions set out in
the examination paper;
practical examination means an examination that requires a person to
demonstrate his or her ability to carry out a particular activity to a
particular standard;
prescribed examination means an examination conducted for the
purpose of the issue or renewal of a licence, certificate, authorisation,
rating or endorsement;
rating means:
(a) a flight crew rating; or
(b) a rating under Part 65 of CASR.
written examination means an examination that requires answers to
be given in writing and includes an examination that sets out multiple
choice answers to each question.
298B Examination misconduct by persons other than examination
candidates
(1) Without the approval of CASA, a person, other than an examination
candidate to whom subregulation 298A (1) applies, must not:
(a) copy any part of an examination paper or model answer; or
(b) give to any person:
(i) any part of an examination paper or model answer; or
(ii) a copy of any part of an examination paper or model
answer; or
(iii) any information about the questions contained in an
examination paper, being information that might give
anyone an unfair advantage in an examination; or
(iv) any information about the content of a model answer; or
(c) receive from any person, or otherwise obtain possession of:
(i) any part of an examination paper or model answer; or
(ii) a copy of any part of an examination paper or model
answer; or
Replacement Page Amdt No. 8
December 2004
Civil Aviation Regulations 1988
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
461
(iii) any information about the questions contained in an
examination paper, being information that might give
anyone an unfair advantage in an examination; or
(iv) any information about the content of a model answer; or
(d) help another person to complete any part of an examination
during the examination; or
(e) cause or assist the commission of, or attempt, any act referred to
in paragraph (a), (b), (c) or (d).
Penalty: 50 penalty units.
　
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